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  • 9 - Adolf Reinach and Gerhart Husserl on the Foundations of Legal Phenomenology and the Temporality of Law

  • from Part III - Reinach and Legal Concepts
  • Edited by Marietta Auer, Max Planck Institute for Legal History and Legal Theory, Paul B. Miller, University of Notre Dame, Indiana, Henry E. Smith, Harvard Law School, Massachusetts, James Toomey, University of Iowa
  • Book:
    Reinach and the Foundations of Private Law
    Published online:
    20 July 2025
    Print publication:
    07 August 2025, pp 219-253
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  • Summary

    Reinach understood the specific temporality as an important structural element of law. It requires its own phenomenological assessment, which distinguishes the being of law from that of physical and psychological, but also mathematical objects. For him, however, the foundations of the temporality of law do not lie in consciousness, as in the later phenomenological theory of law, but in the a priori nature of the forms of law themselves. This is reconstructed here for the first time from the scattered fragments of Reinach’s phenomenology of the temporality of law and contrasted with Gerhard Husserl’s theory of law and time, which can draw on his father Edmund’s phenomenology of inner time consciousness and Heidegger’s “Being and Time”. Both make important contributions to a theory of the temporality of law.